SANKALCHAND VALJIBHAI PATEL Vs. J P CHAVDA

JUDGEMENT

(1.) . A citizen who was arrested by a police officer has approached this Court by way of the present petition and has made very serious allegations against the concerned police officer. A notice pending admission was issued and the officer concerned was directed to produce the petitioner in person before the Court. The learned Public Prosecutor was asked in what proceeding and under what provision the petitioner had been arrested. The learned Public Prosecutor after taking instructions from respondent No. 1 the P.S.I. who has made the arrest stated that a private complaint had been lodged against the petitioner in the Court of the Metropolitan Magistrate 3 Court and that the Magistrate concerned had directed the police officer to make investigation in respect of the complaint under sub-sec. (1) of sec. 202 of the Code of Criminal Procedure of 1973 (Code).

(2.) The question that has surfaced in the back drop of the aforesaid facts and circumstances is: when upon receipt of a complaint of an offence a Magistrate instead of issuing process postpones the issue of process against the accused and directs a police officer to make an investigation for the purpose of deciding whether or not there is sufficient ground for proceeding can the police officer in large of the investigation on his own place the accused under arrest ? Sec. 202(1) in so far as material reads as under:-

(3.) The learned counsel for the petitioner has stressed the aspect that the police officer has conducted himself in this manner in a proceeding initiated by a rich businessman who complains of having been defrauded to the extent of Rs. 42 0 and that there is something sinister in the matter. On the basis of the material on record it would not be appropriate for this court to make any pronouncement on this aspect at the present juncture.